Breach of any other term that involves physical violence or a threat of physical violence- basic and aggravated offences.Breach of any other term-basic and aggravated offences.Failure to undergo assessment or comply with an intervention program.Serious harm includes harm that endangers or is likely to endanger a person's life, results in serious and protracted impairment of a physical or mental function, or harm that results in serious disfigurement. Ī more serious charge is that of causing serious harm. Aggravated offence where the victim is engaged in a prescribed occupation or employment (whether on a paid or volunteer basis), such as hospital, retail or emergency service workers, acting in the course of their official duties and the offender knows this when assaulting them: eight years imprisonment.Aggravated offence where the victim is a police officer, prison officer, employee in a training centre, community corrections officer, youth justice officer or other law enforcement officer acting in the course of their official duties and the offender knows this when assaulting them: eight years imprisonment.Aggravated offence: seven years imprisonment.Aggravated offence where the victim is engaged in a prescribed occupation or employment (whether on a paid or volunteer basis), such as hospital, retail or emergency services workers, acting in the course of their official duties and the offender knows this when assaulting them: seven years imprisonment.Aggravated offence where the victim is a police officer, prison officer, employee in a training centre, community corrections officer, youth justice officer or other law enforcement officer acting in the course of their official duties and the offender knows this when assaulting them: seven years imprisonment.Aggravated offence by use of, or threatened use of, an offence weapon: five years imprisonment.Aggravated offence: four years imprisonment.Basic offence: three years imprisonment.Aggravated offence where the victim is engaged in a prescribed occupation or employment (whether on a paid or volunteer basis), such as hospital, retail and emergency services workers, acting in the course of their official duties and the offender knows this when assaulting them: five years imprisonment įor more information on circumstances of aggravation see ' What is an aggravated offence?'.Aggravated offence where the victim is a police officer, prison officer, employee in a training centre, community corrections officer, youth justice officer or other law enforcement officer acting in the course of their official duties and the offender knows this when assaulting them: five years imprisonment.Aggravated offence by use of, or threatened use of, an offence weapon: four years imprisonment.Aggravated offence: three years imprisonment.In addition, any conduct that is justified or excused by law is not an assault. Although these acts involve intentional touching of another without their consent, provided they are committed in a non-hostile and inoffensive manner, they do not constitute assault. Such behaviour does not constitute assault.Įxamples of such conduct include acts such as patting the shoulder of another person to attract their attention, or pushing between others in order to get out of a crowded bus. Ī distinction is made for behaviour that falls within the limits of what would be accepted as normal social interaction or community interaction. For example, if a person points a gun at someone or produces a knife.Īn assault can also occur when a person accosts (approaches and confronts aggressively) or impedes (blocks the way of) another in a threatening manner. If a threat is made to apply force and the victim reasonably believes that the person can carry out the threat or there is a real possibility that they will. For example, it could be throwing a newspaper at someone, knowing the person might object to that.Īssault can occur even without physical contact. For example, if because of an assault, a person drops a child they were carrying, that is also an assault on the child – even though the child was not directly assaulted.Īssault also occurs if there is any intentional and unwanted direct or indirect contact with another person, however slight the contact may be, if the person committing the assault knew that the victim might reasonably object to the contact. The force used can be direct or indirect. For example, punching, hitting or kicking a person. Section 20 of the Criminal Law Consolidation Act 1935 (SA) outlines the offence of Assault.Īssault occurs if there is any intentional and unwanted physical force used against a victim.
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